Posted on 08/08/2007 8:40:44 AM PDT by DaveLoneRanger
A man who found a burglar in his home Tuesday morning held the intruder at gunpoint until sheriffs deputies arrived.
Just after 3 a.m., a woman reportedly heard noises in her house in the 1500 block of Cemetery Road, north of the city limits. She woke her husband, who walked toward the light someone had turned on in the house.
However, the homeowner did not venture out of the bedroom empty-handed.
He grabbed his shotgun, said Maj. Ray Tuttoilmondo, sheriffs office spokesman.
When the man found an intruder in his house, he pointed the weapon and waited.
Sheriffs deputies received the 911 call of the break-in at 3:16 a.m. and arrived three minutes later.
Tuttoilmondo also said anyone facing a home break-in should exercise the utmost caution before engaging an intruder.
People have an absolute right to defend their property and their loved ones, but we encourage people to call 911 the instant they discover their homes are being broken into and remain in a safe place, he said.
Santa Fe resident Karel Christopher Phillips, 17, was in jail Tuesday, under $15,000 bond. He faces a charge of burglary of a habitation, which carries a possible prison term of two to 20 years, as well as a fine of up to $10,000.

Karel? What kind of name is Karel?
He should have just thrown a fire extinguisher at em....(chuckle)
All’s well that ends well.
In that situation I can think of few places safer than the breech end of a shotgun.
ebonics?
A few well placed cacti and windchimes would have prevented all this...
Burgle a home on Cemetery Road?
Kid’s lucky to be alive!
Mom was a Superman fan, maybe?
Ok, so he'll serve maybe 6 months and be back invading someone else's home in 7 months.
Czech.
Did this guy travel all the way from New Mexico to commit a burglary in TX, or is there a Santa Fe near where this happened?
The sheriffs spokesman would be doing a better job to simply warn criminals that Texans are arm and dangerous.
I agree.
Santa Fe, TX - http://maps.yahoo.com/#mvt=m&q1=Santa%20Fe,%20TX&trf=0&lon=-95.106754&lat=29.377987&mag=6
“we encourage people to call 911 the instant they discover their homes are being broken into and remain in a safe place, he said. “
Yes, the nanny state will be right along to either draw chalk lines around your carcass or to take a report and tell you that you will never get your stolen goods back anyways so why bother..
Uh, it wouldf appear to be a first name —if I read the article correctly.
Because in this case the intruder was subdued and at the wrong end of a bang stick and the uniformed response was there in 3 minutes.
All's well that ends well.
He should’ve shot him dead.
“Ok, so he’ll serve maybe 6 months and be back invading someone else’s home in 7 months.”
If he weren’t 17, in Texas I think he’d be facing serious time.
Since he’s a minor, it’s harder to say...
I wonder why I always read about this kind of thing happening in Texas, but hardly ever in Washington DC or NYC?
Oh yeah...
It’s near Galveston.
Sorry, I used to live in NM, so when I read “Santa Fe”, I assume the “City Different”.
Just like there are Albanys and Dallases and Richmonds all over the country, I guess there are multiple Santa Fes too.
Shoot, there are at least three La Cuevas in New Mexico alone!
Mr. G. Reaper
666 Cemetary Rd.
Santa Fe, TX
Sure, I’d wanna break in that one!!
Agree. One has to be quite gutsy or just a plain lunatic to enter someone's home uninvited. Their intentions are never good.
I suggest this guy get large German Shepard. He'll never have this problem again.
That just HAS to be some kind of record. The only time I have ever called 911 was when a gang of dangerous juvenile delinquents, who had threatened revenge on my adult daughter for chasing them out of our yard with her revolver when they tried to kill her pet cat and threatened her for intervening, repeatedly fired what sounded exactly like a .22 semiauto rifle in the air over my house late one evening. By the time the 2 cops arrived with blue lights flashing (but completely uninterested and unconcerned about my problem BTW) the juvenile perps had long since fled the scene.
I remembered the time that I had called and noted the time they arrived, and it was over 1/2 hour. They may as well have not even bothered to come out at all, since they did absolutely nothing except try to assure us that nothing like we had personally witnessed could have actually happened. According to them, who didn't bother to look for fired shell casings, it was just some kids playing with firecrackers and we should just relax and go back to bed. I'm not saying that all or even many cops are that slow to respond or as unhelpful when they finally do arrive, but in the future I won't risk my family's or my own safety on a 911 call as long as I have the means to protect us myself.
Actually, if you call, 911 will record you, and the recording can be used as evidence against the home invader. Now if you blasted the guy and the guy escaped harmed, they could call 911 and tell 911 that you shot them for no reason.
I find a creep in my house, I shoot. That way the creep will not be able to hurt me and will still be there when the cops come.
His name is Karel. Sounds like Carol.
Imagine growing up with a girl’s name. No wonder he turned to crime.
It’s Kryptonian. There’s supposed to be a hyphen in there (Kar-el). He’s probably related to Superman, the guy must’ve had a kryptonite-loaded shotgun or something.
I won’t call 911. I’ll reach for my 1911 instead (or whatever else is handy).
Let’s leave race out of this, shall we?
Actually, there was an incident in NYC recently, but they arrested the guy. If he was legitimately defending himself, let’s hope they let him go.
Then read this from Great Britain:
http://www.dailymail.co.uk/pages/live/articles/news/news.html?in_article_id=474025&in_page_id=1770
The homeowner here got arrested!
The home owner did - locked and loaded.
YHou definitely have a point there.
I would guess that the proper ebonically correct way of pronouncing his name is something like, "Kuh-rell" with a heavy accent on the 'rell' part.
There's the apochryphal (sp.?) story of a guy who had a couple burglars holed up in his house. He called 911, and was told that the cops couldn't get a squad car out there for at least 1/2 hour (sounds a LOT like your story). After about 5 minutes he grew tired of waiting, and called 911 back. He said, "they tried to escape and I shot them." Several squad cars arrived in under 5 minutes. The police, upon seeing the un-shot burglars said to the homeowner "Mac, you're in trouble - you reported that you shot them when you knew that you didn't." He replied, "And you guys said that it'd take 1/2 hour to get out here." The burglars were arrested and nothing else happened.
IMHO, relying on 911 for ANYTHING serious is stupid. The response time is typically lousy, and any criminal activities that are going to occur will do so in the first minute or 2 of an encounter. The police, fine people that the individual officers undoubtedly are, generally serve as uniformed evidence-takers, not protectors who can/should/do intervene to save citizens. Yeah, sometimes they're in the right place at the right time, but the odds are VERY slim. I wouldn't bet my life or those of my family on that slim chance.
FYI, if one or more people enter my home at 3 AM without an invitation or a key that I gave them, then I consider that they are there for hostile reasons (hostile to my life and those of my wife and kids). With a car in my driveway, I have to assume that he/they are aware of the presence of inhabitants and have chosen to enter anyway, knowing that most Texas homes have at least one firearm inside. Given what I believe a perp's intentions MUST be in such circumstances (and I rather doubt that they'd take the time to fill out a questionairre, even assuming that they could read it), I'd be in great fear of losing my life or having the same happen to my family...and let's just say that I wouldn't want to be the perp's family or life insurance company, because they're both going to have losses.
BTW, on 9/1/07, the Texas version of the Castle Doctrine takes effect. Beginning then, it will be presumed as a matter of law that a homeowner shooting a home invader is legally justified in doing so, and the homeowner will be protected against civil liability from the perp or his family (as the case may be).
First, Texas' version of the Castle Doctrine goes into effect on 9/1/07. Shooting a home invader any time after 12:00AM that day will be presumed as a matter of law to be a justifiable shooting for both criminal and civil law purposes.
Second, if I ever had to shoot at someone I'd call 911 as shortly thereafter to report it as I could, whether the guy was hit or not, and whether he was bleeding to death on my floor or ran away. Oh, and if he was hit inside your home, chances are extremely high that there will be blood - his blood - in the house and maybe even a bullet hole in the wall, which is evidence that the perp was there (aside from a broken window, jimmied lock, etc.). That report will be on record, and will likely be on record before the perp calls 911...after all, he'll at least have to change his underwear before making the call, and even if you have to do the same, your underwear drawer is closer.
No, those professional indoor biohazard cleanups can be expensive.
I think when a burglarer is caught and part of the punishment is a fine, that the fine should be split in some fashion between the property owner and the government. It gives the owner something and it helps the government offset the cost of locking up the felon.
Why on earth the police still say just dial 911 and don’t do anything else is beyond me.
We have basically that same law here in GA now. I think it took effect in July but not real sure. I guess I should look it up just in case.
Exercising caution with a 12 guage seems pretty appropriate to me. Besides, the intruder was not engaged. If he'd been engaged with that shotgun, he'd quite likely have bled to death before the ambulance arrived.
If she had beenm his name would be Kal-El, not Karel.
It already pretty much is as a criminal matter. A home invasion can be presumed to be for the purpose of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, aggravated robbery, or possibly theft during the nighttime. All currently justifications for use of deadly force in Texas. However existing law provides little protection against a civil suit. That is what changes the most on September 1. (for this situation, if one is out and about it changes somewhat more, IIRC).
Eastern European, of Slavic derivation, perhaps Czech. Probably equivalent to "Carl" or "Carroll", both of which are men's names.
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